The Texas Family code provides that in a modification suit the court shall not render an order that has the effect of changing the person that was previously given the right to designate the primary residence of a child unless it is in the child's best interest one of the following is also present 1. The present circumstances would significantly impair the child physical health and emotional development, 2. The person that was previously given the right to designate the primary residence has abandoned the child for 6 months or longer, or 3. A child, 12 years of age or older has chosen to live with the other parent. This is not any easy decision for a judge to make. The second prong of this requirement is a very high burden to reach. I believe the heart of this requirement is in the right place meaning that unless it is a major situation you don't want to cause major instability in a child's life switching his environment, school, and home. Significantly impair the physical health and emotional development is a high burden to reach. The question is should the burden be that difficult to reach?